SVAČEK, Ondřej. Applicable Law, Interpretation, Inherent and Implied Powers - a Brief Rendezvous with the ICC. Czech Yearbook of Public and Private International Law. Praha, 2016, roč. 7, č. 1, s. 360-372. ISSN 1805-0565. |
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@article{1354615, author = {Svaček, Ondřej}, article_location = {Praha}, article_number = {1}, keywords = {International Criminal Court; Ruto and Sang case; subpoena; mistrial; inherent and implied powers; interpretation; applicable law}, language = {eng}, issn = {1805-0565}, journal = {Czech Yearbook of Public and Private International Law}, title = {Applicable Law, Interpretation, Inherent and Implied Powers - a Brief Rendezvous with the ICC}, volume = {7}, year = {2016} }
TY - JOUR ID - 1354615 AU - Svaček, Ondřej PY - 2016 TI - Applicable Law, Interpretation, Inherent and Implied Powers - a Brief Rendezvous with the ICC JF - Czech Yearbook of Public and Private International Law VL - 7 IS - 1 SP - 360-372 EP - 360-372 SN - 18050565 KW - International Criminal Court KW - Ruto and Sang case KW - subpoena KW - mistrial KW - inherent and implied powers KW - interpretation KW - applicable law N2 - The article analyzes two decisions of the International Criminal Court issued in the Ruto and Sang case, namely the subpoena decision (2014) concerning power of the ICC to compel witness testimony, and termination decision (2016) on vacation of charges with the possibility of re-prosecution. These decisions are confronted with the methodology of applicable law and interpretative techniques the ICC has elaborated in its previous practice, including the doctrines of inherent and implied powers. The author draws the conclusion that while the subpoena decision, despite noticeable pre-existing contradictory opinions presented on the part of scholars, is compatible with settled methodological and interpretative schemes used before the ICC, the termination decision that leaves open the possibility of re-prosecution is rather an example of judicial activism which cannot be inferred from and justified by any source and doctrine available before the ICC. ER -
SVAČEK, Ondřej. Applicable Law, Interpretation, Inherent and Implied Powers - a Brief Rendezvous with the ICC. \textit{Czech Yearbook of Public and Private International Law}. Praha, 2016, roč.~7, č.~1, s.~360-372. ISSN~1805-0565.
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